Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 2013 Metaphor and Analogy: The Sun and Moon of Legal Persuasion Linda L. Berger University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Cognition and Perception Commons, Cognitive Psychology Commons, Legal Writing and Research Commons, and the Rhetoric and Composition Commons Recommended Citation Berger, Linda L., "Metaphor and Analogy: The Sun and Moon of Legal Persuasion" (2013). Scholarly Works. 895. https://scholars.law.unlv.edu/facpub/895 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact
[email protected]. METAPHOR AND ANALOGY: THE SUN AND MOON OF LEGAL PERSUASION Linda L. Berger* If we insist upon confining ourselves to scrupulously rational modes of thought and discussion, ... this may well have the effect of granting inappropriate influence to pre-existing biases .... Against this, harnessing the power of imagination to reconfigure our thoughts by more intuitive means may enable us to counteract these biases in a more thoroughgoing way. INTRODUCTION Metaphor and analogy are the sun and moon of legal persuasion. But which is the sun and which is the moon? Metaphor is the sun, according to linguist George Lakoff and philosopher Mark Johnson, because all human thought and expression revolve around it.2 Analogy researcher Doug Hofstadter would counter that * Linda L. Berger is Family Foundation Professor of Law, William S.